88R10835 JCG-F
By: Cain H.B. No. 3247
A BILL TO BE ENTITLED
AN ACT
relating to creating the criminal offense of prosecutorial
misconduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 39, Penal Code, is amended by adding
Section 39.08 to read as follows:
Sec. 39.08. PROSECUTORIAL MISCONDUCT. (a) In this
section, "prosecuting attorney" means an attorney who represents
the state in a criminal action.
(b) A person commits an offense if:
(1) the person is a prosecuting attorney or working on
behalf of a prosecuting attorney in a criminal action;
(2) the person intentionally destroys, withholds from
the defendant, or otherwise fails to disclose to the defendant
information that the attorney or person is required to disclose
under Article 39.14(h), Code of Criminal Procedure;
(3) the defendant is actually innocent of the offense
with which the defendant is charged; and
(4) the conduct described by Subdivision (2) was a
substantial contributing factor to the wrongful conviction of the
defendant.
(c) A person commits an offense if the person:
(1) is a prosecuting attorney; and
(2) intentionally obstructs the exoneration of a
defendant for an offense of which the person knows the defendant was
actually innocent and wrongfully convicted.
(d) An offense under this section is a felony of the second
degree.
(e) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or under both
sections.
SECTION 2. This Act takes effect September 1, 2023.